Neutral Citation No. - 2025:AHC:10752 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11661 of 2024 Applicant :- Krishnakant Alias Anshul Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Yadav,Kanchan Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri V. P. Tripathi, learned AGA for the State-respondent and perused the record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No.384 of 2024, under Section 108, Bharatiya Nyaya Sanhita, Police Station Etmaddaula, District Agra. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 108, Bharatiya Nyaya Sanhita are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. In support of his submission, counsel for the applicant has placed reliance on the judgement of the Hon'ble Supreme Court in the case of Amalendu Pal vs. State of West Bengal (Criminal Appeal No. 2091 of 2009 decided on 11.11.2009). The applicant has no criminal antecedents. The co-accused Km. Tannu has been granted anticipatory Bail till the submission of police report by this Court vide order dated 26.11.2024 passed in Criminal Misc. Anticipatory Bail Application No. 10879 of 2024. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that as per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 108, Bharatiya Nyaya Sanhita are not made out. At this stage, there is no substantive evidence to link the applicant with the offence, the co-accused Km. Tannu has been granted anticipatory Bail till the submission of police report by this Court, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Krishnakant @ Anshul be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (ii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him, before the S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 22.1.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad